RIGHT TO COUNSEL State v. Langley, 351 Or. 652 (2012) Oregon Supreme Court

Size: px
Start display at page:

Download "RIGHT TO COUNSEL State v. Langley, 351 Or. 652 (2012) Oregon Supreme Court"

Transcription

1 RIGHT TO COUNSEL State v. Langley, 351 Or. 652 (2012) Oregon Supreme Court FACTS In December 1989, a jury found defendant Langley guilty of murdering a woman named Ann Gray. A few months later, Langley was sentenced to death. It was a gruesome murder, in which the defendant duct taped the victim s mouth and nose and let her suffocate to death, then buried her in his aunt s yard. Langley had severe mental and emotional disorders. In 1992, the Supreme Court affirmed the conviction but vacated defendant's death sentence on the ground that the trial court had failed to give a proper jury instruction on the consideration and use of mitigating evidence. What does that mean? This means that the court a) thought the jury was correct in finding him guilty but b) didn t think the death sentence was appropriate because the jury didn t know they were supposed to consider other factors, like Langley s mental illness, in deciding the sentence. So the case went back to sentencing to decide what punishment the defendant would get. Langley was again given the death penalty, and he appealed. But, again, the Supreme Court of Oregon vacated the sentence. This time, the Supreme Court didn t think the trial court told the jury that they had the option of sentencing him with a truelife sentence. This means a life sentence with no possibility for parole, meaning no matter what he would never get out of jail. The court sent the case back to sentencing, hoping they d get it right this time. This is when the problems with the lawyers began. Langley had two lawyers appointed to represent him from the public defender s office. After they kept asking for more time to prepare for the trial (called continuances ), the Judge decided they were not capable of providing a good defense, so he took them off the case and appointed different lawyers. Langley was unhappy with this decision, and he refused to cooperate with any of the other lawyers that were appointed for him. Eventually, the original judge became so frustrated with Langley s lack of cooperation and with having to appoint lawyer after lawyer to represent him that the judge recused himself. This means that he removed himself as judge from the case because he didn t think he could provide a fair trial anymore, probably because he was so frustrated with the defendant. A new judge was put on the trial, but even after that happened Langley refused to cooperate with any of his appointed lawyers and supported their motions to withdraw from the case (essentially, quit). The new judge finally gave Langley an ultimatum: either he works with the lawyer that was appointed for him, he represents himself with that lawyer as standby counsel, or he represents himself without a lawyer. Criminal defendants are allowed to represent themselves in a trial (called pro se ) but they have to waive their right to counsel knowingly and voluntarily. That means they have to a) know what the potential consequences of waiving counsel are and b) not have been coerced into waiving this right by anyone. Also, in Oregon, waiver must be intentional. That means that the defendant s intent to waive his right must be absolutely clear. Even though defendants

2 have this right it is almost never a good idea: defendants who proceed pro se don t do so well in court. Langley responded that he didn t agree to any of those options and that the court should just decide for him. The judge then declared that Langley would proceed pro se. The judge said that Langley s inability to make a decision indicated that he didn t want a lawyer anymore. Although a criminal defendant has the right to be represented, they don t have the right to choose their lawyer if one is being appointed for them by the court. For the third time, the sentencing court sentenced Langley to the death penalty. Finally, in 2012, the Supreme Court decided that it was not appropriate for the lower court to make the decision that Langley would represent himself. His refusal to make any decision or to cooperate, the court said, did NOT represent a knowing and intentional waiver of the constitutional right to counsel. The court sent the case back to sentencing again, to decide what Langley s punishment would be. Article I, Section 11 of the Oregon Constitution: In all criminal prosecutions, the accused shall have the right to be heard by himself and counsel 6 th Amendment of the US Constitution: In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence [sic].

3 HANDOUT QUESTIONS 1. What are mitigating factors and why is it important for the jury to consider these factors as they decide what sentence to give a convicted person? 2. Why is the right to counsel a constitutionally protected right? Consider this: when Langley appeared pro se, he went to court in his white prison jumpsuit, did not deliver an opening statement or closing argument and did not cross-examine witnesses. 3. What were the sentencing judge s reasons for giving Langley the ultimatum? Do you think it was understandable that he did so? Keep in mind that by that time the defendant had had 5 trial dates and 7 different attorneys. 4. What would have to happen for a defendant to knowingly and intentionally waive his or her right to counsel? Does it have to be with words, or could it be with actions too? Give some examples. 5. What responsibilities does the Judge have in making sure a defendant s waiver is knowing and intentional? 6. Even after all this, Langley is still a convicted murderer. However, 23 years after his conviction, he still doesn t know what his sentence is. Does this strike you as odd? Why do you think the courts are being so careful to make sure sentencing is done right? If he s guilty anyway, why does it matter if he is represented at sentencing?

4 RIGHT TO COUNSEL State v. Langley, 351 Or. 652 (2012) Oregon Supreme Court FACTS In December 1989, a jury found defendant Langley guilty of murdering a woman named Ann Gray. A few months later, Langley was sentenced to death. It was a gruesome murder, in which the defendant duct taped the victim s mouth and nose and let her suffocate to death, then buried her in his aunt s yard. Langley had severe mental and emotional disorders. In 1992, the Supreme Court affirmed the conviction but vacated defendant's death sentence on the ground that the trial court had failed to give a proper jury instruction on the consideration and use of mitigating evidence. What does that mean? This means that the court a) thought the jury was correct in finding him guilty but b) didn t think the death sentence was appropriate because the jury didn t know they were supposed to consider other factors, like Langley s mental illness, in deciding the sentence. So the case went back to sentencing to decide what punishment the defendant would get. Langley was again given the death penalty, and he appealed. But, again, the Supreme Court of Oregon vacated the sentence. This time, the Supreme Court didn t think the trial court told the jury that they had the option of sentencing him with a truelife sentence. This means a life sentence with no possibility for parole, meaning no matter what he would never get out of jail. The court sent the case back to sentencing, hoping they d get it right this time. This is when the problems with the lawyers began. Langley had two lawyers appointed to represent him from the public defender s office. After they kept asking for more time to prepare for the trial (called continuances ), the Judge decided they were not capable of providing a good defense, so he took them off the case and appointed different lawyers. Langley was unhappy with this decision, and he refused to cooperate with any of the other lawyers that were appointed for him. Eventually, the original judge became so frustrated with Langley s lack of cooperation and with having to appoint lawyer after lawyer to represent him that the judge recused himself. This means that he removed himself as judge from the case because he didn t think he could provide a fair trial anymore, probably because he was so frustrated with the defendant. A new judge was put on the trial, but even after that happened Langley refused to cooperate with any of his appointed lawyers and supported their motions to withdraw from the case (essentially, quit). The new judge finally gave Langley an ultimatum: either he works with the lawyer that was appointed for him, he represents himself with that lawyer as standby counsel, or he represents himself without a lawyer. Criminal defendants are allowed to represent themselves in a trial (called pro se ) but they have to waive their right to counsel knowingly and voluntarily. That means they have to a) know what the potential consequences of waiving counsel are and b) not have been coerced into waiving this right by anyone. Also, in Oregon, waiver must be intentional. That means that the defendant s intent to waive his right must be absolutely clear. Even though defendants

5 have this right it is almost never a good idea: defendants who proceed pro se don t do so well in court. Langley responded that he didn t agree to any of those options and that the court should just decide for him. The judge then declared that Langley would proceed pro se. The judge said that Langley s inability to make a decision indicated that he didn t want a lawyer anymore. Although a criminal defendant has the right to be represented, they don t have the right to choose their lawyer if one is being appointed for them by the court. For the third time, the sentencing court sentenced Langley to the death penalty. Finally, in 2012, the Supreme Court decided that it was not appropriate for the lower court to make the decision that Langley would represent himself. His refusal to make any decision or to cooperate, the court said, did NOT represent a knowing and intentional waiver of the constitutional right to counsel. The court sent the case back to sentencing again, to decide what Langley s punishment would be. Article I, Section 11 of the Oregon Constitution: In all criminal prosecutions, the accused shall have the right to be heard by himself and counsel 6 th Amendment of the US Constitution: In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence [sic]. ISSUES Did defendant s conduct constitute a knowing and intentional waiver of his constitutional right to counsel at the sentencing phase of his capital murder trial? WHAT HAPPENED AT TRIAL? On review, the Oregon Supreme Court addressed only one of the 27 assignments of error that were the basis of the defendant s appeal. They found that a defendant s refusal to cooperate with counsel and repeated requests for new counsel did not constitute a knowing and intelligent waiver of counsel. HOW DID THIS CASE REACH THE SUPREME COURT OF OREGON? The defendant appealed his sentence (not his conviction), citing 27 assignments of error from his third sentencing trial. ARGUMENTS Langley s (defendant s) arguments: 1. The court erred by requiring defendant to proceed at sentencing pro se. 2. The court did not secure a valid waiver of his right to counsel, and therefore was violating his constitutional rights.

6 State s (prosecutor s) arguments: 1. Langley s refusal to cooperate with any appointed counsel, and his refusal to choose either appointed counsel or pro se representation, constituted misconduct. 2. This misconduct was severe enough to infer a waiver of the right to counsel. WHO WON? Langley won. The court held that a knowing and intentional waiver of the right to counsel in a criminal case could not be inferred from refusal to cooperate with counsel or the court. While conduct could be severe enough to be inferred as a waiver of the right to counsel, it must be accompanied by explicit warnings from the court that continuing that conduct would result in pro se representation. HOW DID THE SUPREME COURT EXPLAIN ITS DECISION? The court focused on the failure of the lower court to show that Langley was committing enough misconduct from which a waiver could be inferred, especially since there was no indication on the record that he had been warned by the court that a failure to make a decision would result in him being forced to proceed pro se. Langley repeatedly mentioned that he did not want to proceed pro se, making it even more difficult for the lower court to justify its decision. The court also focused on the fact that the lower court refused to review Langley s affidavit supporting the withdrawal of his lawyers. The fact that there could have been a legitimate reason that Langley didn t want those lawyers was never considered by the court. Had he asserted those reasons in open court, he would have had to reveal privileged attorney-client communications to the entire courtroom. The supreme court also noted that it was inappropriate for the sentencing court to give the choice of his current counsel or no counsel to the defendant, so it was understandable that the defendant didn t make a choice from those given. Finally, the court noted that the error made was not a harmless error (meaning it did affect the result of sentencing to the defendant s detriment) and therefore had to be remanded for re-sentencing. APPLICATION 1. This opinion is significant for three concepts: a. Denial of a constitutionally protected right to a criminal defendant can vacate a conviction or sentence. b. While criminal defendants may waive their constitutional rights, there is an extremely high threshold for recognizing a waiver and extremely strict standards that must be adhered to for a waiver to be valid. c. Procedural fairness and defendant protections have nothing to do with whether the defendant is guilty or innocent. They must be applied to all defendants

7 2. Students will hopefully recognize the importance of the 6 th amendment for criminal defendants, and will be able to think critically about the importance of preserving these rights, even for guilty defendants. a. Have them think about how protecting guilty defendants helps innocent defendants as well. b. Have them think about the potential ramifications of proceeding pro se as a criminal defendant. i. Are there any potential benefits?

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

ALABAMA COURT OF CRIMINAL APPEALS

ALABAMA COURT OF CRIMINAL APPEALS REL03/02/07Anderson Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

2016 PA Super 29 OPINION BY JENKINS, J.: FILED FEBRUARY 09, 2016. Michael David Zrncic ( Appellant ) appeals pro se from the judgment

2016 PA Super 29 OPINION BY JENKINS, J.: FILED FEBRUARY 09, 2016. Michael David Zrncic ( Appellant ) appeals pro se from the judgment 2016 PA Super 29 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. MICHAEL DAVID ZRNCIC Appellant No. 764 MDA 2015 Appeal from the Judgment of Sentence March 30, 2015 in the

More information

HOW TO DEVELOP AND PRESENT A COMPETING NARRATIVE THE TEN COMMANDMENTS OF PERSUASIVE BRIEF WRITING

HOW TO DEVELOP AND PRESENT A COMPETING NARRATIVE THE TEN COMMANDMENTS OF PERSUASIVE BRIEF WRITING HOW TO DEVELOP AND PRESENT A COMPETING NARRATIVE By Larry Gibbs THE TEN COMMANDMENTS OF PERSUASIVE BRIEF WRITING 1. Introduce your case as if you believe in it and want the judges to believe in it. 2.

More information

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced

More information

2015 IL App (1st) 133515-U. No. 1-13-3515 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133515-U. No. 1-13-3515 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133515-U FIRST DIVISION November 9, 2015 No. 1-13-3515 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41952 MICHAEL T. HAYES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2015 Unpublished Opinion No. 634 Filed: September 16, 2015 Stephen

More information

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM 2006 AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM OUTCOMES As a result of this lesson, students will be able to: Summarize juvenile court process and procedures Define legal terms used in the juvenile justice

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

Criminal Lawyer Tips For Successfully Running Appeals

Criminal Lawyer Tips For Successfully Running Appeals TIPS FOR HANDLING FEDERAL CRIMINAL APPEALS By Henry J. Bemporad Deputy Federal Public Defender Western District of Texas Like any field of law, criminal appellate practice is an inexact science. No one

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

No. 108,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, SHANE RAIKES, Appellant. SYLLABUS BY THE COURT

No. 108,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, SHANE RAIKES, Appellant. SYLLABUS BY THE COURT 1. No. 108,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. SHANE RAIKES, Appellant. SYLLABUS BY THE COURT Generally, issues not raised before the district court, even constitutional

More information

I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal.

I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal. [Date] [client name and address] Re: Your appeal Dear Mr./Ms. : I am the attorney who has been appointed by the Sixth District Court of Appeal to represent you on your appeal. An appeal is limited to matters

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS APPLICATION FOR APPROVAL AS QUALIFIED COUNSEL IN DEATH PENALTY CASES To be filled in by Region only: Application No. - Received on: By: I,, State Bar Card

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

How To Change A Court Order To Allow A Mentally Ill Person To Represent Himself Or Herself

How To Change A Court Order To Allow A Mentally Ill Person To Represent Himself Or Herself Supreme Court of Florida No. SC08-2163 IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.111. LABARGA, J. [August 27, 2009] This matter is before the Court for consideration sua sponte of amendments

More information

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 121065-U Order filed

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Going to Court: Criminal Trial Procedure If you've been charged with a crime and your case has not been diverted from the courts system,

More information

APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Affirmed.

APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Affirmed. COURT OF APPEALS DECISION DATED AND FILED August 28, 2008 David R. Schanker Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in

More information

How To Appeal To The Supreme Court In North Carolina

How To Appeal To The Supreme Court In North Carolina QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

[New] Standard 1. Compensation. Standard 2. Duties and Responsibilities of Counsel. Standard 3. Caseload Limits and Types of Cases

[New] Standard 1. Compensation. Standard 2. Duties and Responsibilities of Counsel. Standard 3. Caseload Limits and Types of Cases STANDARDS FOR INDIGENT DEFENSE [New] Preamble The Washington Supreme Court adopts the following Standards to address certain basic elements of public defense practice related to the effective assistance

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

2016 IL App (4th) 130937-U NO. 4-13-0937 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

2016 IL App (4th) 130937-U NO. 4-13-0937 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2016 IL App (4th 130937-U NO. 4-13-0937

More information

MANDATORY MINIMUMS AND DRUG LAW

MANDATORY MINIMUMS AND DRUG LAW MANDATORY MINIMUMS AND DRUG LAW MATERIALS. 1) Enough lesson handouts for each student (end of lesson).. 2) Re- useable white board and markers if you want them TAKEAWAYS Students will understand mandatory

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A.

IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A. CHARLES EDWARD DAVIS, Applicant-Appellant, vs. IN THE COURT OF APPEALS OF IOWA No. 14-0420 Filed May 20, 2015 STATE OF IOWA, Respondent-Appellee. Appeal from the Iowa District Court for Woodbury County,

More information

CONSTITUTIONAL RIGHTS

CONSTITUTIONAL RIGHTS RIGHTS OF THE CRIMINALLY ACCUSED GENERAL LEGAL RIGHTS CHAPTER 10 INTRODUCTION Constitutional rights relating to American criminal law are the same for all adult persons, whether they have a disability

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40822 DAMON MARCELINO LOPEZ, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2014 Unpublished Opinion No. 722 Filed: September 15, 2014 Stephen

More information

Being a witness in a criminal trial

Being a witness in a criminal trial Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

RENDERED: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED NO. 1999-CA-002678-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

RENDERED: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED NO. 1999-CA-002678-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** ** RENDERED: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1999-CA-002678-MR CHARLES CHUMBLER APPELLANT APPEAL FROM LIVINGSTON CIRCUIT COURT v. HONORABLE

More information

Part 3 Counsel for Indigents

Part 3 Counsel for Indigents Part 3 Counsel for Indigents 77-32-301 Minimum standards for defense of an indigent. (1) Each county, city, and town shall provide for the legal defense of an indigent in criminal cases in the courts and

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

FREQUENTLY ASKED QUESTIONS ABOUT HOW TO FIND AND WORK WITH A LAWYER

FREQUENTLY ASKED QUESTIONS ABOUT HOW TO FIND AND WORK WITH A LAWYER FREQUENTLY ASKED QUESTIONS ABOUT HOW TO FIND AND WORK WITH A LAWYER LEGAL DISCLAIMER: FAMM cannot provide legal advice, representation, referrals, research, or guidance to those who need legal help. Nothing

More information

2015 IL App (1st) 140740-U. No. 1-14-0740 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 140740-U. No. 1-14-0740 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 140740-U FIRST DIVISION October 5, 2015 No. 1-14-0740 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A06-1439 State of Minnesota, Respondent, vs. Timothy

More information

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO.

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. 05-10037-GAO-1 UNITED STATES OF AMERICA v. GRANT BOYD, Defendant. O TOOLE,

More information

Estimates of Time Spent in Capital and Non-Capital Murder Cases: A Statistical Analysis of Survey Data from Clark County Defense Attorneys

Estimates of Time Spent in Capital and Non-Capital Murder Cases: A Statistical Analysis of Survey Data from Clark County Defense Attorneys Estimates of Time Spent in Capital and Non-Capital Murder Cases: A Statistical Analysis of Survey Data from Clark County Defense Attorneys Terance D. Miethe, PhD. Department of Criminal Justice University

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee AFFIRM; and Opinion Filed June 23, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01390-CR LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal

More information

This presentation focuses on how to write Case Briefs of Legal Opinions.

This presentation focuses on how to write Case Briefs of Legal Opinions. Criminal Law Statues (written by Legislature) Offense Reports (written by Police) Briefs, Motions, etc. (written by Lawyers) Opinions (written by Judges) Case Briefs (Students, Lawyers) This presentation

More information

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram... A Guide to the Homicide Criminal Justice Process P a g e 2 TABLE OF CONTENTS Homicide Case Flowchart...3 Overview of Homicide Trial...4 Location of Local Court Houses...5 General Courtroom Diagram...6

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Attending Court as a Witness

Attending Court as a Witness Attending Court as a Witness 2006 Attending Court as a Witness This booklet is also available in the following languages: - Arabic - French - Irish - Latvian - Lithuanian - Mandarin - Polish - Russian

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

Project: Youth Criminal Justice Workshop

Project: Youth Criminal Justice Workshop Ontario Justice Education Network Project: Youth Criminal Justice Workshop Classroom Presentation Resources & Lesson Plan 1 Youth Criminal Justice Workshop Project In class, youth criminal justice workshops

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

CrR 3.1 STANDARDS FOR INDIGENT DEFENSE. [New] Standard 1. Compensation. [Reserved.] Standard 2. Duties and Responsibilities of Counsel

CrR 3.1 STANDARDS FOR INDIGENT DEFENSE. [New] Standard 1. Compensation. [Reserved.] Standard 2. Duties and Responsibilities of Counsel CrR 3.1 STANDARDS FOR INDIGENT DEFENSE [New] Preamble The Washington Supreme Court adopts the following Standards to address certain basic elements of public defense practice related to the effective assistance

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 13-4037

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 13-4037 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4037 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. REGGIE ANDRE BECKTON, Defendant - Appellant. Appeal from the United States

More information

CASE NO. 1D09-6554. David M. Robbins and Susan Z. Cohen, Jacksonville, for Petitioner.

CASE NO. 1D09-6554. David M. Robbins and Susan Z. Cohen, Jacksonville, for Petitioner. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ERIC EDENFIELD, v. Petitioner, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-6554

More information

Willie J. Epps, Jr., Shook, Hardy & Bacon, Kansas City, Missouri

Willie J. Epps, Jr., Shook, Hardy & Bacon, Kansas City, Missouri Panel Discussion Ethical Issues Confronting Criminal Defense Attorneys Willie J. Epps, Jr., Shook, Hardy & Bacon, Kansas City, Missouri Ethical Issues Arising in Federal Criminal Defense Multi-Track Criminal

More information

appeals A guide to indictable

appeals A guide to indictable A guide to indictable appeals Understanding the appeals process and how to apply for legal aid What is an indictable appeal? If you are tried or sentenced in either the District or Supreme Courts and you

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40618 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40618 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40618 LARRY DEAN CORWIN, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2014 Unpublished Opinion No. 386 Filed: February 20, 2014 Stephen

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

NO. COA11-288 NORTH CAROLINA COURT OF APPEALS. Filed: 18 October 2011

NO. COA11-288 NORTH CAROLINA COURT OF APPEALS. Filed: 18 October 2011 NO. COA11-288 NORTH CAROLINA COURT OF APPEALS Filed: 18 October 2011 STATE OF NORTH CAROLINA v. EDWARD WATLINGTON, Defendant. Rockingham County No. 07CRS003492, 4047, 51309; 10CRS000999 1. Constitutional

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

PLEA AGREEMENT. My full true name is Amy 1. Curl, and I request that all proceedings against me be had in

PLEA AGREEMENT. My full true name is Amy 1. Curl, and I request that all proceedings against me be had in STATE OF INDIANA ST. JOSEPH COUNTY STATE OF INDIANA v. AMY J. CURL SS: IN THE ST. JOSEPH SUPERIOR COURT CAUSE NO. 71003-1504-F6-263 PLEA AGREEMENT Amy J. Curl, upon her oath, says My full true name is

More information

How will I know if I have to give evidence in court?

How will I know if I have to give evidence in court? Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

THE MINNESOTA LAWYER

THE MINNESOTA LAWYER THE MINNESOTA LAWYER September 6, 2004 MN Court of Appeals Allows Testimony on Battered-Woman Syndrome By Michelle Lore A District Court judge properly allowed an expert on battered-woman syndrome to testify

More information

APPLICATION FOR INDIGENT REPRESENTATION

APPLICATION FOR INDIGENT REPRESENTATION APPLICATION FOR INDIGENT REPRESENTATION AFFIDAVIT OF LICENSED ATTORNEY RESIDING OR PRACTICING LAW IN BRAZORIA COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF BRAZORIA I,, (PRINT name of attorney completing

More information

IN THE COURT OF APPEALS OF THE STATE OF OREGON

IN THE COURT OF APPEALS OF THE STATE OF OREGON No. 293 June 24, 2015 1 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. JEREMY MICHAEL HAYES, Defendant-Appellant. Jackson County Circuit Court 093367FE; A148649

More information

2015 IL App (1st) 131310-U. No. 1-13-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 131310-U. No. 1-13-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 131310-U SIXTH DIVISION September 25, 2015 No. 1-13-1310 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

Client or Defense Lawyer: Controlling Trial Strategy After Bergerud by Mark C. Johnson

Client or Defense Lawyer: Controlling Trial Strategy After Bergerud by Mark C. Johnson Client or Defense Lawyer: Controlling Trial Strategy After Bergerud by Mark C. Johnson Coordinating Editor Morris Hoffman, Judge for the Second Judicial District Court, Denver As published in the January

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellant No. 193 MDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellant No. 193 MDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA GARY L. GEROW JR. v. Appellant No. 193 MDA 2014 Appeal from the Judgment

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-0553 State of Minnesota, Respondent, vs. Darrell

More information

BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 08-2 STATE BAR OF TEXAS JUDGMENT OF DISBARMENT. Parties and Appearance

BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 08-2 STATE BAR OF TEXAS JUDGMENT OF DISBARMENT. Parties and Appearance BEFORE THE EVIDENTIARY PANEL FOR STATE BAR DISTRICT NO. 08-2 STATE BAR OF TEXAS 11 Austin Office COMMISSION FOR LAWYER * DISCIPLINE, * Petitioner * * 201400539 v. * * CHARLES J. SEBESTA, JR., * Respondent

More information

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v. Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand

More information

WEBB COUNTY APPLICATION/AFFIDAVIT Criminal Felony, Misdemeanor or Juvenile Courts Attorney Appointment Rotation List

WEBB COUNTY APPLICATION/AFFIDAVIT Criminal Felony, Misdemeanor or Juvenile Courts Attorney Appointment Rotation List WEBB COUNTY APPLICATION/AFFIDAVIT Criminal Felony, Misdemeanor or Juvenile Courts Attorney Appointment Rotation List PLEASE COMPLETE THIS ENTIRE PAGE Date: Name: Birth Date: Business Address: Day Phone:

More information

10 Victims and the law 57

10 Victims and the law 57 10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,

More information

2013 IL App (1st) 111541-U. No. 1-11-1541 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2013 IL App (1st) 111541-U. No. 1-11-1541 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2013 IL App (1st) 111541-U SECOND DIVISION August 6, 2013 No. 1-11-1541 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Page 2 IN THE MA TTER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION OF COMPLIANCE

Page 2 IN THE MA TTER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION OF COMPLIANCE THE SUPREME COURT OF WASHINGTON IN THE MATTER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION OF COMPLIANCE ORDER NO. 25700-A- Y^OM The having recommended the adoption of New and

More information

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND 33.0 ASSIGNMENT AND OF COUNSEL TO DEFEND PART I. (A) No attorney will be assigned to defend any indigent person in a criminal case unless his or her name appears on one of the approved trial counsel lists

More information

Appellate Court Procedural Rules Committee

Appellate Court Procedural Rules Committee Appellate Court Procedural Rules Committee The Appellate Court Procedural Rules Committee proposes to amend Pennsylvania Rule of Appellate Procedure 120. The amendment is being submitted to the bench and

More information

A GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490)

A GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490) A GUIDE TO THE CRIMINAL PROCEDURE RULES 2015 (S.I. 2015/1490) Where to find the new Rules The Criminal Procedure Rules 2015 are at this address: www.legislation.gov.uk/uksi/2015/1490/contents/made When

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information